1. What is Conflict?

A conflict is an activity that takes place when conscious beings (individuals or groups)
wish to carry out mutually inconsistent acts concerning their wants, needs, or obligations. (Nicholson, M.,
1992) Conflict may also refer to a natural disagreement or struggle between people which may be
physical, or between conflicting ideas. It can either be within one person, or they can involve several
people or groups. It exists when they have incompatible goals and one or more believe that the behavior
of the other prevents them from their own goal achievement. The word “Conflict” comes from the Latin
word “conflingere” which means to come together for a battle.
2. What are Conflict Theories? Conflict theory states that tensions and conflicts arise when resources, status,
and power are unevenly distributed between groups in society and that these conflicts become the engine
for social change. In this context, power can be understood as control of material resources and
accumulated wealth, control of politics and the institutions that make up society, and one's social status
relative to others (determined not just by class but by race, gender, sexuality, culture, and religion, among
other things). (Crossman, 2019) Conflict theory originated in the work of Karl Marx, who focused on the
causes and consequences of class conflict between the bourgeoisie (the owners of the means of
production and the capitalists) and the proletariat (the working class and the poor). Many social theorists
have built on Marx's conflict theory to bolster it, grow it, and refine it over the years. Many others have
drawn on conflict theory to develop other types of theory within the social sciences, including the
following:

1. Feminist theory;

2. Critical race theory;

3. Postmodern theory and postcolonial theory;

4. Queer theory;

5. post-structural theory, and

6. Theories of globalization and world systems.

So, while initially, conflict theory described class conflicts specifically, it has lent itself over the years to
studies of how other kinds of conflicts, like those premised on race, gender, sexuality, religion, culture,
and nationality, among others, are a part of contemporary social structures, and how they affect our lives.

3. What is the Conflict Resolution Strategies? Kenneth Thomas and Ralph Kilmann (2015) developed
five conflict resolution strategies Thomas – Kilmann Instrument or more generally known as TKI
Conflict Strategies that people use to handle conflict, including avoiding, defeating, compromising,
accommodating, and collaborating. The Thomas-Kilmann Instrument is designed to measure a person’s
behavior in conflict situations. “Conflict situations” are those in which the concerns of two people appear
to be incompatible. In such conflict situations, an individual’s behavior can be described along two
dimensions:
(1) assertiveness, the extent to which the person attempts to satisfy his own concerns, and

(2) cooperativeness, the extent to which the person attempts to satisfy the other person’s concerns.
The following are the five (5) Conflict Resolution Strategies:

a. Conflict Resolution Strategy #1: Avoiding This is unassertive and uncooperative. The person neither
pursues his own concerns nor those of the other individual. Thus, he does not deal with the conflict.
Avoiding might take the form of diplomatically sidestepping an issue, postponing an issue until a better
time, or simply withdrawing from a threatening situation. Avoiding is when people just ignore or
withdraw from the conflict. They choose this method when the discomfort of confrontation exceeds the
potential reward of resolution of the conflict. While this might seem easy to accommodate for the
facilitator, people are not really contributing anything of value to the conversation and may be
withholding worthwhile ideas. When conflict is avoided, nothing is resolved.
b. Conflict Resolution Strategy #2: Competing This is assertive and uncooperative. An individual
pursues his own concerns at the other person’s expense. This is a power-oriented mode in which you use
whatever power seems appropriate to win your own position—your ability to argue, your rank, or
economic sanctions. Competing means “standing up for your rights,” defending a position that you
believe is correct, or simply trying to win. Competing is used by people who go into a conflict planning to
win. Competing might work in sports or war, but it’s rarely a good strategy for group proble solving.
c. Conflict Resolution Strategy #3: Accommodating This is unassertive and cooperative—the complete
opposite of competing. When accommodating, the individual neglects his own concerns to satisfy the
concerns of the other person; there is an element of self-sacrifice in this mode. Accommodating might
take the form of selfless generosity or charity, obeying another person’s order when you would prefer not
to, or yielding to another’s point of view. Also, accommodating is a strategy where one party gives in to
the wishes or demands of another. They are being cooperative but not assertive. This may appear to be a
gracious way to give in when one figures out s/he has been wrong about an argument. It is less helpful
when one party accommodates another merely to preserve harmony or to avoid disruption. Like
avoidance, it can result in unresolved issues. Too much accommodation can result in groups where the
most assertive parties commandeer the process and take control of most conversations.
d. Conflict Resolution Strategy #4: Collaborating It is both assertive and cooperative—the complete
opposite of avoiding. Collaborating involves an attempt to work with others to find some solution that
fully satisfies their concerns. It means digging into an issue to pinpoint the underlying needs and wants of
the two individuals. Collaborating between two persons might take the form of exploring a disagreement
to learn from each other’s insights or trying to find a creative solution to an interpersonal problem. A
group may learn to allow each participant to contribute with the possibility of co-creating a shared
solution that everyone can support.

e. Conflict Resolution Strategy #5: Compromising It is moderate in both assertiveness and

cooperativeness. The objective is to find some expedient, mutually acceptable solution that partially
satisfies both parties. It falls intermediate between competing and accommodating. Compromising gives
up more than competing but less than accommodating. Likewise, it addresses an issue more directly than
avoiding, but does not explore it in as much depth as collaborating. In some situations, compromising
might mean splitting the difference between the two positions, exchanging concessions, or seeking a
quick middle ground solution. The concept of this is that everyone gives up a little bit of what they want,
and no one gets everything they want. Th
\e perception of the best outcome when working by compromise is that which “splits the difference.”
Compromise is perceived as being fair, even if no one is particularly happy with the outcome.

SEGMENT II: ALTERNATIVE DISPUTE RESOLUTION (ADR)

What is Republic Act No. 9285? This Act is known as the "Alternative Dispute Resolution Act of 2004."

1. What is the policy of the State regarding Alternative Dispute Resolution (ADR)? It is hereby
declared the policy of the State to actively promote party autonomy in the resolution of disputes
or the freedom of the party to make their own arrangements to resolve their disputes. Towards
this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution
(ADR) as an important means to achieve speedy and impartial justice and declog court dockets.
As such, the State shall provide means for the use of ADR as an efficient tool and an alternative
procedure for the resolution of appropriate cases. Likewise, the State shall enlist active private
sector participation in the settlement of disputes through ADR.

2. Does RA 9285 limit the power of the Supreme Court to adopt any ADR System? No. This Act
shall be without prejudice to the adoption by the Supreme Court of any ADR system, such as
mediation, conciliation, arbitration, or any combination thereof as a means of achieving speedy
and efficient means of resolving cases pending before all courts in the Philippines which shall be
governed by such rules as the Supreme Court may approve from time to time. (Sec. 2, RA 9285).

3. What is Alternative Dispute Resolution? Alternative Dispute Resolution System means any
process or procedure used to resolve a dispute or controversy, other than by adjudication of
a presiding judge of a court or an officer of a government agency, as defined under RA
9285, in which a neutral third party participates to assist in the resolution of issues, which
includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any
combination thereof. (Sec. 3, par. a, RA 9285)

4. What is Arbitration? Arbitration means a voluntary dispute resolution process in which one or
more arbitrators, appointed in accordance with the agreement of the parties, or rules promulgated
pursuant to RA 9285, resolve a dispute by rendering an award. (Sec. 3, par. d, RA 9285) Note:
Award means any partial or final decision by an arbitrator in resolving the issue or controversy.

5. Who is an Arbitrator? Arbitrator means the person appointed to render an award, alone or with
others, in a dispute that is the subject of an arbitration agreement. (Sec. 3, par. e, RA 9285)

6. What is Early Neutral Evaluation? This means an ADR process wherein parties and their lawyers
are brought together early in a pre-trial phase to present summaries of their cases and receive a
nonbinding assessment by an experienced, neutral person, with expertise in the subject in the
substance of the dispute. (Sec. 3, par. n, RA 9285).
7. What is Mediation? Mediation means a voluntary process in which a mediator, selected by the
disputing parties, facilitates communication and negotiation, and assist the parties in reaching a
voluntary agreement regarding a dispute. (Sec. 3, par. q, RA 9285)
8. 12. Who is a Mediator? Mediator means a person who conducts mediation. (Sec. 3, par. r, RA
9285) 4.
Provided under RA 876
Section 8. Appointment of arbitrators. - If, in the contract for arbitration or in the submission
described in section two, provision is made for a method of naming or appointing an
arbitrator or arbitrators, such method shall be followed; but if no method be provided therein
the Court of First Instance shall designate an arbitrator or arbitrators.
The Court of First Instance shall appoint an arbitrator or arbitrators, as the case may be, in
the following instances:
(a) If the parties to the contract or submission are unable to agree upon a single arbitrator; or
(b) If an arbitrator appointed by the parties is unwilling or unable to serve, and his successor
has not been appointed in the manner in which he was appointed; or
(c) If either party to the contract fails or refuses to name his arbitrator within fifteen days after
receipt of the demand for arbitration; or
(d) If the arbitrators appointed by each party to the contract, or appointed by one party to the
contract and by the proper Court, shall fail to agree upon or to select the third arbitrator.
(e) The court shall, in its discretion appoint one or three arbitrators, according to the
importance of the controversy involved in any of the preceding cases in which the agreement
is silent as to the number of arbitrators.
(f) Arbitrators appointed under this section shall either accept or decline their appointments
within seven days of the receipt of their appointments. In case of declination or the failure of
an arbitrator or arbitrators to duly accept their appointments the parties or the court, as the
case may be, shall proceed to appoint a substitute or substitutes for the arbitrator or
arbitrators who decline or failed to accept his or their appointments.
Section 9. Appointment of additional arbitrators. - Where a submission or contract provides
that two or more arbitrators therein designated or to be thereafter appointed by the parties,
may select or appoint a person as an additional arbitrator, the selection or appointment must
be in writing. Such additional arbitrator must sit with the original arbitrators upon the hearing.
Section 10. Qualifications of arbitrators. - Any person appointed to serve as an arbitrator
must be of legal age, in full-enjoyment of his civil rights and know how to read and write. No
person appointed to served as an arbitrator shall be related by blood or marriage within the
sixth degree to either party to the controversy. No person shall serve as an arbitrator in any
proceeding if he has or has had financial, fiduciary or other interest in the controversy or
cause to be decided or in the result of the proceeding, or has any personal bias, which might
prejudice the right of any party to a fair and impartial award.
No party shall select as an arbitrator any person to act as his champion or to advocate his
cause.
If, after appointment but before or during hearing, a person appointed to serve as an
arbitrator shall discover any circumstances likely to create a presumption of bias, or which he
believes might disqualify him as an impartial arbitrator, the arbitrator shall immediately
disclose such information to the parties. Thereafter the parties may agree in writing:
(a) to waive the presumptive disqualifying circumstances; or
(b) to declare the office of such arbitrator vacant. Any such vacancy shall be filled in the
same manner as the original appointment was made.
9. What is Mediation Party? This means a person who participates in a mediation and whose
consent is necessary to resolve the dispute. (Sec. 3, par. s, RA 9285)

10. 14. What is Mediation-Arbitration? "Mediation-Arbitration" or Med-Arb is a step dispute

resolution process involving both mediation and arbitration. (Sec. 3, par. t, RA 9285)

11. 15. What is Mini-trial? This means a structured dispute resolution method in which the
merits of a case are argued before a panel comprising senior decision makers with or
without the presence of a neutral third person after which the parties seek a negotiated
settlement (Sec. 3, par. u, RA 9285).

12. How arbitration, mediation and conciliation are different from each other? Arbitration,
mediation and conciliation are the main Alternative Dispute Resolution Mechanism
which is generally adopted by the people to resolve their disputes in an informal manner.
They try to reach a solution by settlement or negotiation with the assistance of a third
neutral party and have turned out to be an effective alternative to the litigation process.

-Arbitration is a process where the parties submit their case to a neutral third party who
on the basis of discussion determines the dispute and comes to a solution.

-Mediation and conciliation both are an informal process. Whereas, arbitration is more
formal as compared to them. In mediation, the mediator generally sets out alternatives for
the parties to reach out an agreement.

-The main advantage of the mediation is that the settlement is made by the parties
themselves rather than a third party. It is not legally binding on the parties. In addition,
the basic motive of mediation is to provide opportunities to parties to negotiate and come
to a final solution catering the needs of both sides.

-Dispute resolution through conciliation involves the assistance of a neutral third party
who plays an advisory role in reaching an agreement. The process adopted by all the
three are different but, the main purpose is to resolve the dispute in a way where the
interest of the parties is balanced.

1. What is ADR Provider? "ADR Provider" means institutions or persons accredited as

mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar
functions in any Alternative Dispute Resolution system. This is without prejudice to the
rights of the parties to choose nonaccredited individuals to act as mediator, conciliator,
arbitrator, or neutral evaluator of their dispute. (Sec. 3, par. b, RA 9285)

2. What is the liability of ADR providers/Practitioners? The ADR provides /practitioners

shall have the same civil liability for acts done in the performance of their official duties
as that of public officers as provided in Section 38 (1), Chapter 9, Book 1 of the
Administrative Code of 1987, upon a clear showing of bad faith, malice or gross
negligence. (Article 1.5, IRR, RA 9285)
3. What are the cases wherein Republic Act No. 9285 does not apply? The provisions of RA
92856 shall not apply to resolution or settlement of the following:

a. Labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor
Code of the Philippines, as amended and its Implementing Rules and Regulations;

b. The civil status of persons;

c. The validity of a marriage;

d. Any ground for legal separation;

e. The jurisdiction of courts;

f. Future legitime;

g. Criminal liability;

h. Those which by law cannot be compromised; and

i. Those disputes referred to court-annexed mediation. (Article 1.3, IRR, RA 9285)

SEGMENT III: THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION

20. What is the Office for Alternative Dispute Resolution? The Office for Alternative
Dispute Resolution (OADR) is an agency attached to the Department of Justice. It shall
have a Secretariat and shall be headed by an Executive Director, who shall be appointed
by the President of the Philippines, taking into consideration the recommendation of the
Secretary of Justice. (Article 2.1., IRR, RA 9285) 21. What are the powers of the OADR?
The OADR shall have the following powers:

a. To act as appointing authority of mediators and arbitrators when the parties agree in
writing that it shall be empowered to do so;
b. To conduct seminars, symposia, conferences and other public fora and publish
proceedings of said activities and relevant materials/information that would promote,
develop and expand the use of ADR;
c. To establish an ADR library or resource center where ADR laws, rules and regulations,
jurisprudence, books, articles and other information about ADR in the Philippines and
elsewhere may be stored and accessed;
d. To establish training programs for ADR providers/practitioners, both in the public and
private sectors; and to undertake periodic and continuing training programs for arbitration
and mediation and charge fees on participants. It may do so in conjunction with or in
cooperation with the IBP, private ADR organizations, and local and foreign government
offices and agencies and international organizations;
e. To certify those who have successfully completed the regular professional training
programs provided by the OADR;
 f. To charge for services rendered such as, among others, for training and certifications
of ADR providers;
g. To accept donations, grants and other assistance from local and foreign sources; and
h. To exercise such other powers as may be necessary and proper to carry into effect the
provisions of the ADR Act. (Art. 2.2., IRR, RA 9285)
22. What are the functions of OADR?
The OADR shall have the following functions:
a. To promote, develop and expand the use of ADR in the private and public sectors
through information, education and communication;
b. To monitor, study and evaluate the use of ADR by the private and public sectors for
purposes of, among others, policy formulation;
c. To recommend to Congress needful statutory changes to develop, strengthen and
improve ADR practices in accordance with international professional standards;
d. To make studies on and provide linkages for the development, implementation,
monitoring and evaluation of government and private ADR programs and secure
information about their respective administrative rules/procedures, problems encountered
and how they were resolved;
e. To compile and publish a list or roster of ADR providers/practitioners, who have
undergone training by the OADR, or by such training providers/institutions recognized or
certified by the OADR as performing functions in any ADR system.
The list or roster shall include the addresses, contact numbers, e-mail addresses, ADR
service/s rendered (e.g. arbitration, mediation) and experience in ADR of the ADR
providers/practitioners;
To compile a list or roster of foreign or international ADR providers/practitioners. The
list or roster shall include the addresses, contact numbers, e-mail addresses, ADR
service/s rendered (e.g. arbitration, mediation) and experience in ADR of the ADR
providers/practitioners; and
g. To perform such other functions as may be assigned to it. (Art. 2.3., IRR, RA 9285)

23. State the Divisions of OADR. The OADR shall have the following staff and service
divisions, among others:

a. Secretariat – shall provide necessary support and discharge such other

functions and duties as may be directed by the Executive Director.

b. public information and Promotion Division – shall be charged with the

dissemination of information, the promotion of the importance and public
acceptance of mediation, conciliation, arbitration or any combination thereof and
other ADR forms as a means of achieving speedy and efficient means of resolving
all disputes and to help in the promotion, development and expansion of the use
of ADR.

c. Training Division – shall be charged with the formulation of effective

standards for the training of ADR practitioners; conduct of training in accordance
with such standards; issuance of certifications of training to ADR practitioners
and ADR service providers who have undergone the professional training
 provided by the OADR; and the coordination of the development,
implementation, monitoring and evaluation of government and private sector
ADR programs.

d. Records and Library Division – shall be charged with the establishment

and maintenance of a central repository of ADR laws, rules and regulations,
jurisprudence, books, articles, and other information about ADR in the
Philippines and elsewhere. (Art. 2.4., IRR, RA 9285) 24.

What is Advisory Council? State its composition. There is also created an Advisory Council
composed of a representative from each of the following:

a. Mediation profession;
b. Arbitration profession;
c. ADR organizations;
d. IBP; and
e. Academe.

The members of the Council, who shall be appointed by the Secretary of Justice upon the
recommendation of the OADR Executive Director, shall choose a Chairman from among
themselves. (Art. 2.5., IRR, RA 9285)

25. What is the role of the Advisory Council? The Advisory Council shall advise the Executive
Director on policy, operational, and other relevant matters. The Council shall meet regularly, at
least once every two (2) months, or upon call by the Executive Director. (Art. 2.6., IRR, RA
9285)

SEGMENT IV: MEDIATION

26. What are the Terms Applicable to the Segment/Discussion on International Commercial
Arbitration?
Explain. Terms and Applicable to the Chapter Mediation
1. Ad hoc Mediation means any mediation other than institutional or court-annexed.
2. Institutional Mediation means any mediation process conducted under the rules of a mediation
institution.
3. Court-Annexed Mediation means the mediation process conducted under the auspices of the
court and in accordance with Supreme Court approved guidelines after the such court has
acquired jurisdiction of the dispute.
4. Court-Referred Mediation means mediation ordered by a court to be conducted in accordance
with the agreement of the parties when an action is prematurely commenced in violation of such
agreement.
5. Certified Mediator means a mediator certified by the Office for ADR as having successfully
completed its regular professional training program.
6. Mediation means a voluntary process in which a mediator, selected by the disputing party
voluntary agreement regarding a dispute.
7. Mediation Party means a person who participates in a mediation and whose consent is
necessary to resolve the dispute.
8. Mediator means a person who conducts mediation.
9. Non-Party Participant means a person, other than a party or mediator, who participates in a
mediation proceeding as a witness, resource person or expert. (Rule 2, par. B, IRR, RA 9285)

27. What is the scope of application of the Implementing Rules? These Rules apply to voluntary
mediation, whether ad hoc or institutional, other than court-annexed mediation and only in
default of an agreement of the parties on the applicable rules. These Rules shall also apply to all
cases pending before an administrative or quasi-judicial agency that are subsequently agreed
upon by the parties to be referred to mediation. (Article 3.1., IRR, RA 9285)

28. Define Ad hoc, Institutional and Court-Annexed Mediation.

1. Ad hoc Mediation means any mediation other than institutional or court-annexed.
2. Institutional Mediation means any mediation process conducted under the rules of a mediation
institution.
3. Court-Annexed Mediation means mediation process conducted under the auspices of the court
and in accordance with Supreme Court approved guidelines, after such court has acquired
jurisdiction of the dispute.

29. What is the State policy on Mediation? In applying and construing the provisions of these
Rules, consideration must be given to the need to promote candor of parties and mediators
through confidentiality of the mediation process, the policy of fostering prompt, economical and
amicable resolution of disputes in accordance with principles of integrity of determination by the
parties and the policy that the decision-making authority in the mediation process rests with the
parties. A party may petition a court before which an action is prematurely brought in a matter
which is the subject of a mediation agreement, if at least one party so requests, not later than the
pre-trial conference or upon the request of both parties thereafter, to refer the parties to mediation
in accordance with the agreement of the parties. (Article 3.2., IRR, RA 9285).